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HomeMy WebLinkAbout2008/06/17-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 Absent Council Member Salvador Espino, District 2 City Staff Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:19 a.m. on Tuesday, June 17, 2008, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Espino absent and with Council Member Jordan temporarily absent. Agenda Item II The invocation was given by Rabbi Dov Mandel, Chabad of Fort Worth. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Scarth, the minutes of the regular meeting of June 10, 2008, were approved Minutes unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Jordan absent. (Council Member Jordan assumed his place at the dais.) Agenda Item V Mr. Chris Harris, Texas State Senator-District 9, presented Senate Proclamation Special No. 717 to Police Officer Phillip Reinhardt. Senator Harris explained that Presentations Officer Reinhardt recently assisted his father in rounding up his horse that had spooked, jumped out of the horse trailer and ran. He added that the horse was CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 2 of 30 Agenda Item V eventually captured somewhere around Greenway Park and returned to his (Continued) father. Senator Harris expressed his appreciation to Officer Reinhardt and stated that he was an excellent representative of the Fort Worth Police Department. Mr. Mike Guyton, Vice President, Oncor, presented an Energy Conservation Incentive Check in the amount of $217,000.03 to Assistant City Manager Fernando Costa and Acting Transportation/Public Works Director Greg Simmons. Mr. David Sebastian and Mr. Hubert Foster, representing Julian Field Lodge No. 908, Ancient Free and Accepted Masons, presented the 2008 Community Builder Award to Council Member Chuck Silcox in recognition of his long service to the community and support of Masonic events and activities. Council Member Silcox expressed appreciation for the recognition and pointed out that the Masons contributed $2 million every year to hospitals for the care of children and their families who could not afford medical care. He added that the Masons never expect to be reimbursed for those funds and expressed appreciation for what the organization did for the community. Council Member Moss presented a Proclamation for Juneteenth Celebration Day. Council Member Burns presented a Proclamation for Dump the Pump Day to Mary Volcansek, Vice Chairman of The "T" Board and Ms. Nancy Amos, also a member of The "T" Board. Agenda Item VI Council Member Burns stated that the City's Neighborhood Police Officer Announcements Mark Russell in Beat B-12, which encompassed the area from Berry Street North into Mistletoe Heights, would have a Graffiti Blitz on June 28, 2008, and asked that if anyone from that neighborhood knew of any locations that were in need of graffiti abatement to please call the District 9 office at (817) 392-8809. He also reminded everyone that a Citizens on Patrol/Code Blue training would be conducted on July 12, 2008, from 8:00 a.m. to 4:00 p.m. at the Fire and Police Training Academy on Calvert and encouraged everyone interested to attend the training. He also recognized his mother Jeanette Burns from Crowley, Texas, and his niece Sidney Scofield, a student at Stewart Elementary School in the Town of Annetta North in Parker County who was attending the meeting to get a little civic education. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 3 of 30 Agenda Item VI Council Member Moss congratulated Tarrant County College's Fort Worth (Continued) Opportunities Center, Devon Energy and Hispanic Chamber of Commerce on their joint collaboration on establishing the first training program in the state of Texas for Roustabout to train people to participate on the Barnett Shale industry in the area. He added that this training would assist local citizens obtain work in the oil and gas industry. Mayor Pro tem Hicks announced that ACORN would host a free homeownership and foreclosure fair at Texas Wesleyan University in the Wesleyan Pavilion, 1201 Wesleyan Street, on June 18, 2008, from 5:00 p.m. to 8:00 p.m. She also expressed appreciation to everyone who attended the grand opening of the Ella Mae Shamblee Library last week. She added that over 700 people attended the event including Council Members, City Manager, Assistant City Managers and expressed appreciation to Chesapeake for underwriting the event. She further stated that it was a fitting tribute to Mrs. Hazel Harvey Peace. Council Member Silcox reminded everyone to stop blowing grass and leaves into City streets. He added that it was against the law punishable by a fine up to $2,000.00. He pointed out that the grass and leaves could cause a backup of the City's drainage system and cause flooding. He also reminded everyone of the illegal activity of placing bandit signs at various areas of the City and requested everyone cease placing these signs within the City. Mayor Moncrief stated that he continued to see bandit signs in large numbers and that it was not necessarily the people putting up the signs that should be fined, but the companies being advertised. He stated that the City had an ordinance on these signs for a reason and cautioned that the signs needed to start disappearing or the ordinance would be strengthened. Council Member Silcox pointed out that the same concept on the bandit signs as cited by the Mayor also pertained to contractors who blew grass and leaves into the street. He asked City Attorney Yett if there was any way that the City could assess a fine to the property owner who hired landscaping companies. City Attorney Yett stated that staff looked at this and that there were legal mechanisms to reach the company or property owners and advised that staff would provide a report to the Council on this issue in the near future. Council Member Scarth encouraged everyone to get out and participate in 4th of July activities in their neighborhood. He added that it was a good way to meet members of the community and enjoy the day. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 4 of 30 Agenda Item VI Mayor Moncrief introduced Ms. Kaleigh Fisher and Ms. Rubi Sanchez. He (Continued) added that they were two seventh grade students from the Applied Learning Center participating in the Fort Worth Independent School District's Vital Links Program and were working in the Mayor and Council offices this week for a few hours per day. Agenda Item VII City Manager Fisseler requested that Mayor and Council Communication Nos. Withdrawn from G-16171 and C-22858 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Fisseler requested that Mayor and Council Communication Nos. Continued/ C-22858 be continued until July 8, 2008, and PZ-2781 be continued until Withdrawn By Staff July 22, 2008. He also requested that Mayor and Council Communication Nos. G-16171, L-14536 and L-14561 be withdrawn from consideration. Agenda Item IX Upon a motion made by Mayor Pro tem Hicks, seconded by Council Member Consent Agenda Burns, the Council voted eight (8) ayes to zero (0) nays, with Council Member Espino absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1666 M&C OCS-1666 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. OCS-1667 M&C OCS-1667 - from the Office of the City Secretary recommending that the Liability Bonds City Council authorize the acceptance of these liability bonds, as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Adrian Orta RLI Insurance Company Ultimate Oilfield Services, Inc. Merchants Bonding Company Associated Concrete Contractors, Inc. SureTec Insurance Company 4-S Construction, Inc. RLI Insurance Company G-16172 M&C G-16172 — Authorizing the City Manager to apply for, accept, and Ord. No. 18139-06- execute if awarded, a grant from the U.S. Department of Housing and Urban 2008 Development (HUD) to implement a Fair Housing Initiative Program in the Accept Grant from amount of$100,000.00; and adopting Appropriation Ordinance No. 18139-06- the U.S. Department 2008 increasing estimated receipts and appropriations in the Grants Fund in the of Housing and amount of$100,000.00 subject to receipt of a grant from the U.S. Department Urban Development of Housing and Urban Development to implement a Fair Housing Initiative Program. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 5 of 30 G-16173 M&C G-16173 — Authorizing the City Attorney to file a lawsuit against Res. No. 3627-06- Barbara A. Just for trespass and damage to the Fort Worth Nature Center and 2008 Refuge; and adopting Resolution No. 3627-06-2008 authorizing The City Authorize City Attorney to file a lawsuit against Barbara A. Just. Attorney to File Lawsuit Against Barbara A. Just G-16174 M&C G-16174 — Authorizing the City Manager to accept $1,500.00 from Keep Ord. No. 18140-06- America Beautiful for the Cigarette Litter Prevention Program; and adopting 2008 Appropriation Ordinance No. 18140-06-2008 increasing estimated receipts and Accept Donation for appropriations in the Special Trust Fund in the amount of $1,500.00 upon Cigarette Litter receipt of the funds from Keep America Beautiful for the purpose of funding a Prevention Program Cigarette Litter Prevention Program. P-10799 M&C P-10799 — Authorizing an agreement for a mower exchange program Mower Exchange with Country Home Products, Inc., for the Environmental Management Program Department for a projected cost not to exceed $38,950.00. P-10800 M&C P-10800 — Authorizing an annual purchase agreement for anhydrous Anhydrous ammonia with DPC Industries, Inc., for the Water Department in an amount not Ammonia to exceed $450,000.00 based on low bid meeting specifications with payments due 30 days from receipt of invoices. P-10801 M&C P-10801 — Authorizing a purchase agreement for fuel system Fuel System maintenance with Stovall Petroleum Corporation for the Equipment Services Maintenance Department for a projected cost not to exceed $140,000.00. Payments are due within 30 days of receipt of the invoices; and authorizing the City Manager to execute Cooperative Purchasing Agreements allowing other local governments to participate in this bid award in accordance with Local Government Code, Chapter 271.102, "Cooperative Purchasing Program Participation." P-10802 M&C P-10802 — Authorizing non-exclusive purchase agreements for small Small Engine engine repair services with A and B Lawn and Garden, Classic Turf Equipment Repair Services and Lelon's Air Cooled Engine Service for the City of Fort Worth for a projected cost not to exceed $85,000.00. Payments are due within 30 days of receipt of the invoices. Vendor Name Labor Rate Parts and Components A and B Lawn and Garden $62.50 per hour Vendor's List Price Classic Turf Equipment $29.99 per hour Manufacturer's List Price, Less 20 Percent Discount Lelon's Air Cooled Engine $52.50 per hour Manufacturer's List Price, Less 10 Percent Service Discount CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 6 of 30 P-10803 M&C P-10803 — Authorizing a sole source purchase agreement for software Sole Source maintenance for the Computer-Aided Dispatch System with Deccan Purchase International for the Information Technology Solutions Department for an Agreement for amount not to exceed $31,090.00. Software Maintenance L-14574 M&C L-14574 — Authorizing the acceptance of a donation of a 4.659 acre tract Donation of 4.659 of land located in the Cuella Survey, Abstract No. 267, in Tarrant County, Acres from AIL Texas, from AIL Investment, L.P. required for the construction, maintenance, Investment, L.P. repair, extension and reconstruction of a public roadway named Park Vista Boulevard; and authorizing the acceptance and recording of appropriate instruments (DOE No. 5980). L-14575 M&C L-14575 — Authorizing the acceptance of a donation of a 2.044 acre tract Donation of 2.044 of land located in the M.E.P. and P. RR Co Survey, Abstract No. 1143, in North Acres from AIL Fort Worth, Tarrant County, Texas from AIL Investment, L.P. required for the Investment, L.P. construction, maintenance, repair and reconstruction of a public roadway named North Riverside Drive; and authorizing the acceptance and recording of appropriate instruments (DOE No. 5889). L-14576 M&C L-14576 — Approving the sealed bid sale of tax foreclosure properties Sale of Tax described as 2019 Myrtle Street, a/k/a Lot 12, Block 72, Highland to Foreclosed Glenwood, 1000 River Road, a/k/a Lot 7, Block 1, Greenfield Acres and Properties 909 Schieffer Avenue, a/k/a Lot 14, Block 7, Morningside Park Addition, in accordance with Section 272.001 of the Texas Local Government Code for a total of $19,087.00; and authorizing the City Manager to execute the appropriate deeds conveying the properties to the highest bidder complying with bid specifications. L-14577 M&C L-14577 — Approving the acquisition of one permanent drainage and Acquisition of One sanitary sewer facility easement and temporary construction easement from Permanent Kathryn Jean Foster, for a cost of $18,747.00 at 4058 Riveridge Court Drainage and described as a portion of Lot 22, Block 10, Overton West Addition, located in Sanitary Sewer West Fort Worth, Tarrant County, Texas, for the construction of drainage Facility Easement infrastructure improvements; finding that the price offered in the amount of and Temporary Construction $18,747.00, plus an estimated closing cost of$2,000.00, is just compensation; Easement and authorizing the acceptance and recording of appropriate instruments (DOE No. 4716). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 7 of 30 PZ-2786 M&C PZ-2786 — Adopting Ordinance No. 18141-06-2008 vacating and Ord. No. 18141-06- extinguishing portions of two alleys in Lots 1 through 16, Block 6, and in Lots 2008 1 through 8 and Lots l OR through 16, Block 5, Alford and Veals Addition, City Vacating and of Fort Worth, Tarrant County, Texas; providing for reversion of fee in said Extinguishing land; the retainment of existing utility easements; and waiving any and all Portions of Two purchase fee value of the vacated land in accordance with City policy Alleys (M&C G-15624). C-22853 M&C C-22853 — Authorizing the City Manager to execute a contract with AUI AUI Contractors, Contractors, Inc., in the amount of $90,278.00 for rehabilitation of East Inc. Seminary Drive Bridge (2008-15). C-22854 M&C C-22854 — Authorizing the transfer of $38,183.00 from the Fort Worth Ord. No. 18142-06- Convention Center/Will Rogers Memorial Center Capital Improvements Fund 2008 to the General Fund; and adopting Appropriation Ordinance No. 18142-06- Yeargan 2008 increasing estimated receipts and appropriations in the General Fund in Construction the amount of$38,183.00 for the purpose of executing a work order with Job Company-The Order Contractor, Yeargan Construction Company-The Mark IV Construction Mark IV Construction Group Group to repair the damaged concrete flooring at the Fort Worth Convention Center; and execute a work order in the amount of$33,182.19 with Job Order Contractor, Yeargan Construction Company-The Mark IV Construction Group to repair the damaged concrete flooring at the east entrance to the Fort Worth Convention Center. C-22855 M&C C-22855 — Authorizing the City Manager to execute an engineering Kimley-Horn agreement in the amount of$39,000.00 with Kimley-Horn and Associates, Inc., Associates, Inc. for the preparation of signal timing, plans, specifications and estimates for two traffic signals on Pecan Street. C-22856 M&C C-22856 — Approving the correction of M&C C-22807 to correct the Carter and name of the contracting entity from Jacobs Carter and Burgess, Inc., to Carter Burgess, Inc. and Burgess, Inc. C-22857 M&C C-22857 — Approving the correction of M&C L-14504 to correct the RYLB FW Lessor's name to reflect "RYLB FW Properties LP," and therefore authorizing Properties, LP the City Manager to execute a lease agreement with RYLB FW Properties LP, for approximately 5,141 square feet of office space for the Fire Safety Training and Commercial Fire Inspections Division (DOE No. 5926). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 8 of 30 C-22859 M&C C-22859 — Authorizing the City Manager to apply for and accept, if Ord. No. 18143-06- awarded, a Comprehensive Selective Traffic Enforcement Program (STEP) 2008 Grant not to exceed $400,546.45 and a Commercial Motor Vehicle STEP Grant Texas Department not to exceed $59,452.13 from the Texas Department of Transportation; of Transportation authorizing the City Manager to enter into a contract with the Texas Department of Transportation for the Comprehensive STEP and Commercial Motor Vehicle STEP Grant implementation during Fiscal Year 2009, contingent upon appropriation of matching funds; authorizing the transfer of $54,195.46 from the State Awarded Assets Fund to the Grants Fund for the City's match of the Comprehensive STEP Grant, contingent upon receipt of adequate funding in the FY 2009 State Awarded Assets Fund; authorizing the transfer of $8,934.61 from the Federal Awarded Assets Fund to the Grants Fund for the City's match of the Commercial Motor Vehicle STEP Grant, contingent upon receipt of adequate funding in the FY 2009 State Awarded Assets Fund; and adopting Appropriation Ordinance No. 18143-06-2008 increasing estimated receipts and appropriations in the Grants Fund in the amount of $523,128.65 subject to receipt of the grants from the FY 2009 Comprehensive Selective Traffic Enforcement Program (STEP) Grant and the Commercial Motor Vehicle (STEP) Grant from the Texas Department of Transportation for the purpose of implementing increased enforcement of traffic safety-related laws and to increase public education about traffic safety issues. C-22860 M&C C-22860 — Authorizing the City Manager to execute a Memorandum of United States Agreement between the City of Fort Worth and the United States Environmental Environmental Protection Agency, Region 6, setting forth the terms and Protection Agency, conditions governing the closeout of Cooperative Agreement BL98690701 used Region 6 for the cleanup of the former American Cyanamid site located at 600 North Jones Street. C-22861 M&C C-22861 — Authorizing the acquisition of one single-family residential James Cagle property located at 3504 Columbus Avenue, Fort Worth, Tarrant County, Texas, on the west side of Meacham International Airport, from property owner James Cagle for the total just compensation in the amount of$58,500.00 for the purpose of the Meacham International Airport Noise Mitigation Program; and authorizing the City Manager to execute appropriate deeds for the conveyance of the property to the City and record the necessary documents (DOE No. 5101). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 9 of 30 C-22862 M&C C-22862 — Authorizing the City Manager to execute an unimproved J.W. and D.J. First ground lease with J.W. and D.J. First Family Limited Partnership for lease site Family Limited 21-S at Fort Worth Meacham International Airport. Partnership The motion carried. End of Consent Agenda. Agenda Item X Council Member Jordan made a motion, seconded by Council Member Presentations by Burdette, that the following reappointments be made to board and commissions City Council indicated effective June 17, 2008, and with terms expiring October 1, 2010: Library Advisory Board, Place 6 Ms. Reed Bilz City Zoning Commission & Fort Worth Alliance Airport Zoning Commission, Place 6 Mr. Jon Wise Parks & Community Services Advisory Board, Place 6 Mr. Glen Estes The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XII There was presented Mayor and Council Communication No. OCS-1668 from OCS-1668 the office of the City Secretary recommending that the City Council authorize Petition Verification the execution of a contract for election services with the Tarrant County Assistance Elections Administrator for petition verification assistance of the two local option petitions to be submitted in July 2008, in an amount of$43,000.00. Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. OCS-1668 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 10 of 30 Agenda Item XIII There was presented a resolution adopting a ten-year homelessness plan and Res. No. 3628-06- amending the comprehensive plan to incorporate the ten-year plan. 2008 Ten-Year Mayor Pro tem Hicks read a letter from Mr. Phillip F. Mangano, Executive Homelessness Plan Director of the United States Interagency Council on Homelessness, commending the City of Fort Worth on the adoption of the Ten-Year Homelessness Plan, Directions Home. She stated that many other organizations were very excited about the City's plan and added that it was something that the City should have done a long time ago. She stressed the importance of adopting the plan and asked the Council to unanimously adopt the resolution. Council Member Silcox stated that he had a personal connection with this issue as his brother had been homeless during various times over the years. He pointed out that the plan could not be a "feel good" plan; that it had to have provisions to ensure there was accountability built into the plan. He added that the plan had to include provisions for counseling the homeless and treatment for any addictions. He further stated he wanted to know where the first $3.2 million funding for the program would originate. Mayor Moncrief stated that the City was working on the funding issue for this program and clarified that there were numerous options that were available from which to choose. He added that he also insisted on accountability in this program and stated that if anyone had the incentive to support this issue, it was Council Member Silcox on behalf of his brother. Council Member Jordan stated that he saw this issue differently as the Fort Worth Way was no more than the golden rule, "Treat others as you want to be treated." He added that if any citizen was suffering, the City would find a way to provide assistance; however, it was also an issue of tough love. He referred to the statistics on homelessness that included children affected by homelessness and stated that he thought the City needed to reach out to the children the most to insure those future citizens were not destroyed as the City went along with the process. He added that this was a continuation of the dialog with the state relative to quality affordable accessible housing and of the Fort Worth Way. He pointed out that as the tide rose for the citizens of Fort Worth, it has to rise for all citizens of Fort Worth. Council Member Burns underscored that the residents of the City of Fort Worth needed to invest themselves in supporting this issue. He expressed appreciation to one of his constituents for getting him involved in the Presbyterian Night Shelter and challenged everyone to get involved and make a difference. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 11 of 30 Agenda Item XIII Mayor Moncrief recognized Reverend Brooks Harrington, Chair of the Mayor's (Continued) Advisory Commission on Homelessness, Mr. Otis Thornton, Human Services Coordinator for the Planning and Development Department, and Father Stephen Jasso, All Saints Catholic Church and many other individuals who volunteered their service and worked many hours on the plan. He added that he remained convinced that the City was doing someone else's work and that this was a special moment in the City's history. He further stated that the homelessness issue had been in the shadows for many years and that this process had been quite a journey for the City to commit to for not only this year, but for future years and future budgets. He added that he was confident the City had a great plan that would fit the needs of the City and solve chronic homelessness. Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Resolution No. 3628-06-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Mayor Moncrief expressed appreciation to the Council for the unanimous vote and for their confidence in the plan and their belief that the City's unity could overcome any obstacle. He concluded by stating this was his proudest moment as Mayor since he assumed office. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-16171 It was the consensus of the City Council that Mayor and Council Renovation of the Communication No. G-16171, Authorize Transfer from the Special Assessment Information Fund to the Specially Funded Capital Projects Fund for the Renovation of the Technology Radio Lab Shop for the Information Technology Solutions Department in the Solutions Radio Lab Amount of $200,000.00 and Adopt Appropriation Ordinances, be withdrawn Shop—Withdrawn from consideration. from Consideration G-16175 There was presented Mayor and Council Communication No. G-16175 from Ord. No. 18144-06- the City Manager recommending that the City Council adopt an appropriation 2008 ordinance increasing estimated receipts and appropriations in the Specially Ord. No. 18145-06- Funded Capital Projects Fund in the amount of $400,300.00 from available 2008 funds for the purpose of transferring said funds to the Specially Funded Capital Emergency Projects Fund for the Emergency Operations Center (EOC) Enhancement Operations Center project; approve the use and transfer of$400,300.00 from the Specially Funded Enhancement Project Capital Projects Fund (Unspecified) to the Specially Funded Capital Projects Fund (EOC Project Fund Account Center) for the Emergency Operations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 12 of 30 G-16175 Center Enhancement Project; approve the transfer of $200,000.00 from the (Continued) Water and Sewer Operating Fund to the Specially Funded Capital Projects Fund for the Emergency Operations Center Enhancement Project; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $200,000.00 from available funds for the purpose of funding the Emergency Operations Center Enhancement Project. Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16175 be approved and Appropriation Ordinance Nos. 18144-06-2008 and 18145-06-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-16176 There was presented Mayor and Council Communication No. G-16176 from Initiate Rezoning the City Manager recommending that the City Council authorize the City Changes for Hillside Manager to initiate rezoning of certain properties for the Hillside Morningside Morningside neighborhood in accordance with the 2008 Comprehensive Plan. Neighborhood Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-16176 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-16177 There was presented Mayor and Council Communication No. G-16177 from Rural Class Gas the City Manager recommending that the City Council consider granting Well Drilling Permit approval for Chesapeake Operating, Inc., to apply for a Rural Class Gas Well for Chesapeake drilling permit to drill and operate one or more gas wells on the proposed TXI Operating, Inc. pad-4 site located in West Fork Trinity River Floodway in the W. B. Burns Survey, Abstract 121, Tract 1. Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16177 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-16178 There was presented Mayor and Council Communication No. G-16178 from Res. No. 3629-06- the City Manager recommending that the City Council adopt a resolution 2008 providing that the City of Fort Worth("City") elects to be eligible to participate Tax Abatement in tax abatement authorized by Chapter 312 of the Texas Tax Code as amended Policy and establishing a Tax Abatement Policy, governing certain tax abatement agreements; including guidelines and criteria, governing certain tax abatements granted by the City of Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 13 of 30 G-16178 Mayor Pro tem Hicks made a motion, seconded by Council Member Moss, that (Continued) Mayor and Council Communication No. G-16178 be approved and Resolution No. 3629-06-2008 be adopted. The motion carried seven (7) ayes to one (1) nay, with Council Member Espino absent and with Council Member Silcox casting the dissenting vote. G-16179 There was presented Mayor and Council Communication No. G-16179 from Ord. No. 18146-06- the City Manager recommending that the City Council adopt an ordinance 2008 approving project and financing plans for Tax Increment Reinvestment Zone Tax Increment Number Thirteen, City of Fort Worth, Texas (Woodhaven TIF); making various Reinvestment Zone findings related to such plans; and clarifying the powers of the Board of Number Thirteen Directors of the zone. (Woodhaven TIF) Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-16179 be approved with appreciation and Ordinance No. 18146-06-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-16180 There was presented Mayor and Council Communication No. G-16180 from Accept Funds from the City Manager recommending that the City Council authorize the City the Amon G. Carter Manager to accept funds in the amount of$35,000.00 from the Amon G. Carter Foundation for 2008 Foundation to supplement the operation of the 2008 Parks and Community Summer Day Camp Services Department's Summer Day Camp Program at the Como Community Program Center. Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-16180 be approved with appreciation to the Amon G. Carter Foundation. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. L-14536 It was the consensus of the City Council that Mayor and Council Convert Parkland Communication No. L-14536, dated May 13, 2008, Authorize the Conversion for Installation of of Approximately .36 Acres of Parkland at Greenway Park Located at 2013 Gas Pipeline— East Belknap Street, for the Installation of a Gas Pipeline and Authorize the Withdrawn from Execution of a License Agreement with Texas Midstream Gas Services, in the Consideration amount of$35,306.10, be withdrawn from consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 14 of 30 Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14536 Revised authorize the conversion of approximately .36 acres of parkland at Greenway Convert Parkland Park located at 2013 East Belknap Street for the installation of a gas pipeline for Installation of and authorize the execution of a license agreement with Texas Midstream Gas Gas Pipeline Services. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14536 Revised, as follows: There was presented Mayor and Council Communication No. L-14536 Revised from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exist for the location of the proposed gas pipeline for Greenway Park; find that the proposed gas pipeline includes all reasonable planning to minimize harm to the parkland, and including that the pipeline will cross under the Greenway Park; close the public hearing and authorize the City Manager to convert approximately .36 acres of dedicated parkland for a pipeline easement for a 24-inch gas pipeline in Greenway Park, located at 2013 East Belknap Street, north of East Belknap Street, south of Pharr Street and west of the Trinity River; and authorize the City Manager to execute a license agreement for a pipeline with Texas Midstream Gas Services in the amount of $35,306.10. (Council Member Burns left his place at the dais.) Council Member Silcox inquired if any opposition was received relative to this issue. Mayor Pro tem Hicks advised that this park was not actually located in District 8; it was located in District 2. She added that to her knowledge, no opposition had been expressed. Mr. Pitchford advised that the City had received no negative comments relative to this issue. Council Member Jordan pointed out that the City would be seeing a lot more of these requests for pipelines and emphasized the need to continue working with affected neighborhoods to address their concerns. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 15 of 30 L-14536 Revised There being no one present desiring to be heard, on behalf of Council Member (Continued) Espino, Council Member Scarth made a motion, seconded by Council Member Moss, that the public hearing be closed and Mayor and Council Communication No. L-14536 Revised be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Burns absent. L-14561 It was the consensus of the City Council that Mayor and Council Convert Parkland Communication No. L-14561, dated May 20, 2008, Authorize the Conversion for Installation of of Approximately 1.04 Acres of Parkland at Rolling Hills Park Located at 2525 Gas Pipeline and Tappan Boulevard and 2501 East Jewell Kelly Drive for the installation of a Authorize License Gas Pipeline and Authorize the Execution of a License Agreement with Texas Agreement for Midstream Gas Services, in the amount of $101,732.40 and $73,808.17 for Removal of Nine removal of nine trees, be withdrawn from consideration. Trees—Withdrawn from Consideration Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14561 Revised authorize the conversion of approximately 1.04 acres of parkland at Rolling Convert Parkland Hills Park located at 2525 Tappan Boulevard and 2501 East Jewell Kelly Drive for Installation of for the installation of a gas pipeline and authorize the execution of a license Gas Pipeline and agreement with Texas Midstream Gas Services. Mayor Moncrief opened the Authorize License public hearing, and asked if there was anyone present desiring to be heard. Agreement for Removal of Nine Trees Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14561 Revised, as follows: There was presented Mayor and Council Communication No. L-14561 Revised from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exist for the location of the proposed gas pipeline for Rolling Hills; find that the proposed gas pipeline includes all reasonable planning to minimize harm to the parkland, and including that the pipeline will cross under the Rolling Hills Park; close the public hearing and authorize the City Manager to convert approximately 1.04 acres of dedicated parkland for a pipeline license for a 24-inch gas pipeline in Rolling Hills Park at 2525 Tappan Boulevard and 2501 East Jewell Kelly Drive, located north of J. B. Rushing Road, south of Seminary Drive and Jewell Kelly Drive, west of Wichita Street and east of Campus Drive; and authorize the City Manager to execute a license agreement for a pipeline with Texas Midstream Gas Services in the amount of $175,540.57. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 16 of 30 (Council Member Burns returned to his place at the dais.) L-14561 Revised Mayor Pro tem Hicks expressed appreciation to the staff of the Parks and (Continued) Community Services Department for taking her on a tour of the tree farm. She stated that the City had to do everything possible to educate citizens on gas pipelines, especially those going through neighborhoods. She expressed appreciation to City staff and the gas well industry for being proactive in educating citizens and pointed out that although the trees at the park could not be saved, the fact that the City would be able to improve the tree farm and also the tennis courts at O.D. Wyatt High School made this a win-win situation. There being no one present desiring to be heard, Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that the public hearing be closed and Mayor and Council Communication No. L-14561 Revised be approved. Council Member Silcox reminded everyone that when the Barnett Shale was discovered and drilling started, the City went through a learning process about drilling. He added that the pipeline issue was as new to the Council and citizens as was the gas drilling and stated that he thought it would be more important to learn about pipeline placement as the pipelines would be present in the City a lot longer than the gas wells would. He stressed the importance of being educated on pipelines and what were the rights of the City. Mayor Moncrief directed City Manager Fisseler to schedule an in-depth work session for the Council, which would include representatives from the Railroad Commission and pipeline industry, to brief the Council on state law and the rights of the City, the citizens and pipeline industry. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. L-14578 There was presented Mayor and Council Communication No. L-14578 from the LeBow Channel City Manager recommending that the City Council declare that negotiations Drainage Project between the City, its agents and subagents and the landowners to acquire approximately a combined total of 7,125 square feet, owned by Imad Yammine, described as 2908 Hardy Street, Lot 2, Block 63, Morgan Heights, an addition to the City of Fort Worth, Tarrant County, Texas, were unsuccessful; declare the necessity to take by condemnation the subject property for the LeBow Channel Drainage Project; authorize the City Attorney to institute condemnation proceedings to acquire fee simple interest in the surface estate, but not the mineral estate, of the property; and authorize the acceptance and recording of appropriate instruments (DOE No. 4623; Project No. 00084). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 17 of 30 L-14578 On behalf of Council Member Espino, Council Member Scarth made a motion, (Continued) seconded by Council Member Silcox, that Mayor and Council Communication No. L-14578 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. PZ-2781 It was the consensus of the City Council that Mayor and Council Annexation of Communication No. PZ-2781, Institution and Adoption of Ordinance for the Property (AX-08- Owner-Initiated Annexation of Approximately 2.7 Acres of Land in Tarrant 002, Old Decatur County, Texas, Existing Old Decatur Road Right-of-Way Between Longhorn Road Right-of-Way) Road and Mosaic Drive with an Estimated Maintenance Cost of $150,000.00 Continued Until (AX-08-002, Old Decatur Road Right-of-Way), be continued until the July 22, July 22, 2008 2008, Council meeting. PZ-2782 There was presented Mayor and Council Communication No. PZ-2782 from the Ord. No. 18147-06- City Manager recommending that the City Council institute and consider the 2008 adoption of an ordinance declaring certain findings; providing for the extension (AX-08-003, of certain boundary limits of the City of Fort Worth; providing for the Roaring Springs annexation of an approximately 3.0 acre tract of land situated in the Robert Right-of-Way) Bissett Survey, Abstract Number 193, situated about 4.7 miles south 81 degrees west of the Courthouse, Tarrant County, Texas (Case No. AX-08-003); existing Roaring Springs Road, north of Westover Drive and west of Burton Hill Road with an estimated maintenance cost of $69,000.00, which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas. Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. PZ-2782 be approved and Ordinance No. 18147-06-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22858 It was the consensus of the City Council that Mayor and Council Office of the Communication No. C-22858, Authorize the Application for and Acceptance of Governor, Criminal $343,575.00 in Grant Funds from the Fiscal Year 2009 Criminal Justice Justice Division— Division Grant Funds, Authorize Provision of$189,688.00 in Matching Funds Continued Until and Assurances Required by the Criminal Justice Division and Adopt July 8, 2008 Appropriation Ordinance, be continued until the July 8, 2008, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 18 of 30 C-22863 There was presented Mayor and Council Communication No. C-22863 from the Motorola, Inc. and City Manager recommending that the City Council authorize the purchase from DFW Motorola, Inc., memory upgrade cards for Mobile Data Computers (MDCs) for Communications, the Computer Aided Dispatch project; and authorize execution of a Professional Inc. Services Agreement with DFW Communications, Inc., for installation, maintenance and support services to the upgraded MDCs at a cost not to exceed $294,000.00. Council Member Burdette made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-22863 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22864 There was presented Mayor and Council Communication No. C-22864 from the Salvaggio, Teal & City Manager recommending that the City Council authorize the City Manager Associates to execute Amendment No. 2 to City Secretary Contract No. 35398, a Professional Services Agreement with Salvaggio, Teal & Associates, in the amount of $163,968.00 to perform contract negotiations for the Human Resources/Payroll phase of the Enterprise Resource Planning Project. Council Member Jordan made a motion, seconded by Council Member Burdette that Mayor and Council Communication No. C-22864 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22865 There was presented Mayor and Council Communication No. C-22865 from the Res. No. 3630-06- City Manager recommending that the City Council authorize the City Manager 2008 to submit a Frequency Reconfiguration Agreement to the 800 MHz Transition Ord. No. 18148-06- Administrator for frequency reconfiguration of the City's 800 MHz Public 2008 Safety Radio Systems; authorize the City Manager to enter into a Frequency Sprint Nextel, Inc. Reconfiguration Agreement with Sprint Nextel, Inc., for the frequency and Motorola, Inc. reconfiguration of the City's 800 MHz Public Safety Radio Systems in an amount not to exceed $8,600,000.00 with all approved costs to be paid by Sprint Nextel; authorize the City Manager to enter into a Reconfiguration Implementation Agreement with Motorola, Inc., for the frequency reconfiguration of the City's 800 MHz Public Safety Radio Systems in an amount not to exceed $6,700,000.00 with all approved costs to be paid by Sprint Nextel; adopt a resolution authorizing an increase in the amount to be paid by Sprint Nextel to Rosalind Allen and the law firm of Holland and Knight, LLP, to assist the City Attorney in negotiations for frequency reconfiguration and implementation in an amount up to $115,000.00 with all CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 19 of 30 C-22865 approved costs to be paid by Sprint Nextel; adopt an ordinance increasing (Continued) estimated receipts and appropriations in the Information System Capital Projects Fund in the amount of $124,045.00 for labor and expenses for the second phase of the 800 MHz Public Safety Radio Rebanding Project; and authorize the transfer of$124,045.00 from the Information Systems Fund to the Information Systems Capital Projects Fund. Council Member Burns made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22865 be approved and Resolution No. 3630-06-2008 and Ordinance No. 18148-06-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22866 There was presented Mayor and Council Communication No. C-22866 from the Fort Worth City Manager recommending that the City Council approve a subordinate loan Affordability, Inc. to Fort Worth Affordability, Inc., an affiliate of the Fort Worth Housing Authority in the amount not to exceed $2,200,000.00 from the City of Fort Worth utilizing its HOME Program Fund Allocation for the purchase and rehabilitation of Spring Glen Apartments located at 3200 Saint Juliet Street and Spring Hill Apartments located at 3100 Hamilton Drive; authorize the City Manager or his designee to execute a contract for the project with Fort Worth Affordability, Inc., for a two year term beginning on the date of the execution of the contract; and authorize the City Manager or his designee to amend the contract if necessary to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations governing federal grant projects. Council Member Jordan requested that the Fort Worth Housing Authority work in collaboration with the City's Housing Task Force on these issues. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22866 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22867 There was presented Mayor and Council Communication No. C-22867 from the JP Morgan Chase City Manager recommending that the City Council authorize execution of Bank, N.A. necessary and related agreements with JP Morgan Chase Bank USA, N.A., for banking and depository services for the Finance Department for a cost not to exceed $1,264,632.00; and authorize the agreements for a term of three years. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 20 of 30 C-22867 Mayor Pro tem Hicks and Council Members Jordan and Burns disclosed that (Continued) they had normal banking relationships with Morgan Chase Bank, N.A. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22867 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22868 There was presented Mayor and Council Communication No. C-22868 from the Amendment No. 3 to City Manager recommending that the City Council authorize the City Manager CSC No. 29110 to execute a Municipal Equipment Lease-Purchase Agreement in the amount of Johnson Controls, $9,248,307.00 with Johnson Controls, Inc. (JCI) to finance the implementation Inc., and U.S. of Phase IV of the City's Energy Savings Performance Contract (ESPC) with National Bank JCI; authorize the City Manager to execute an Escrow Agreement with JCI and Association U.S. Bank National Association as required by the Municipal Lease-Purchase Agreement; and authorize the City Manager to execute Amendment No. 3 to the City Secretary Contract No. 29110 with JCI in the amount of$9,248,307.00 for implementation of the ESPC Phase IV project. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22868 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22869 There was presented Mayor and Council Communication No. C-22869 from the Cutler Repaving, City Manager recommending that the City Council authorize the City Manager Inc. to execute a contract with Cutler Repaving, Inc., in the amount of $1,992,280.00 for 90 working days for HMAC Hot In-Place Recycling (2008-3) at various locations. Mayor Pro tem Hicks advised that there were several contract M&Cs on the agenda relative to the similar subject matter as this issue. She added that the City was making a good faith effort, but that the Minority and Women Business Enterprise (M/WBE) percentage was not being met and asked Mr. Greg Simmons, Acting Transportation and Public Works Director, to respond. Mr. Simmons advised that the M/WBE office could best provide information on the NMBE percentage on this project. He stated that in this particular instance, the reason there was only one bidder was that there was a special paving process and only one contractor in the City that had that particular paving experience. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 21 of 30 C-22869 Mayor Pro tem Hicks stated she had her first meeting with the Trinity River (Continued) Vision Authority Board and they had 100 percent participation for M/WBE; however, they were also going all over North Texas and maybe that was something the City had to look at relative to capacity building. She further stated that if the goal was to promote M/"E then the City would have to do some things differently. Council Member Moss stated that he had an opportunity to speak with minority contractors and many of them had taken the position that they were not going to waste their time to bid on some of the jobs when they knew they would not be awarded the bid. He added that if the minority bidder was not the lowest bidder, they were automatically excluded and many of contractors felt that it just was not worth their time to submit a bid. Council Member Moss made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22869 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22870 There was presented Mayor and Council Communication No. C-22870 from the Uretek ICR Gulf City Manager recommending that the City Council authorize the City Manager Coast to execute an Emergency Rehabilitation Contract with Uretek ICR Gulf Coast in the amount of$148,890.00 for culvert improvements and associated services along Canyon Creek Trail. Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22870 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22871 There was presented Mayor and Council Communication No. C-22871 from the Freese and Nichols, City Manager recommending that the City Council authorize the City Manager Inc. to execute an engineering agreement with Freese and Nichols, Inc., in the amount of$177,702.00 for conceptual design of a bridge crossing the Clearfork of the Trinity River (City Project No. 00107). Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22871 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 22 of 30 (Council Member Silcox left his place at the dais.) C-22872 There was presented Mayor and Council Communication No. C-22872 from the Jackson City Manager recommending that the City Council authorize the City Manager Construction, Ltd. to execute a contract with Jackson Construction, Ltd., in the amount of $960,889.00 for water extensions to serve Hicks Industrial Park, Part 1 (City Project No. 00367). Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22872 be approved. The motion carried six (6) ayes to one (1) nay, with Council Members Espino and Silcox absent and with Mayor Pro tem Hicks casting the dissenting vote. C-22873 There was presented Mayor and Council Communication No. C-22873 from the Ord. No. 18149-06- City Manager recommending that the City Council authorize the transfer of 2008 $428,059.00 from the Water and Sewer Operating Fund to the Water Capital Jackson Project Fund in the amount of$240,589.00 and Sewer Capital Project Fund in Construction, Ltd. the amount of $187,470.00; adopt an appropriation ordinance increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$240,589.00 and the Sewer Capital Projects Fund in the amount of $187,470.00 from available funds, for the purpose of executing a contract with Jackson Construction, Ltd; for Sanitary Sewer Rehabilitation Contract LX (60), Part 1 (City Project No. 01006)); and authorize the City Manager to execute a contract with Jackson Construction, Ltd., in the amount of $367,199.00 for Sanitary Sewer Rehabilitation Contract LX (60), Part 1. Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22873 be approved and Appropriation Ordinance No. 18149-06-2008 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Silcox absent. C-22874 There was presented Mayor and Council Communication No. C-22874 from the Energy City Manager recommending that the City Council authorize the City Manager Maintenance to execute a relocation letter agreement in the amount of $162,682.00 with Services USA, Inc., Energy Maintenance Services USA, Inc., d/b/a EMS USA Inc., for the d/b/a EMS USA Inc. relocation of an 8-inch oil transmission main in conflict with the construction of Mesquite Road from Fossil Drive to Carolea Drive (City Project No. 00755). Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22874 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 23 of 30 C-22875 There was presented Mayor and Council Communication No. C-22875 from the Ord. No.18150-06- City Manager recommending that the City Council authorize the transfer of 2008 $4,408,611.00 from the Water and Sewer Operating Fund to the Water Capital Conatser Project Fund in the amount of $1,634,549.00 and the Sewer Capital Project Construction TX, Operating Sewer Fund in the amount of$2,774,062.00; adopt an appropriation LP ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $1,634,549.00 and the Sewer Capital Projects Fund in the amount of$2,744,062.00 from available funds, for the purpose of executing a contract with Conatser Construction TX, LP, for water and sanitary sewer main replacements on Rosedale Street, Contract 3, Unit II; and authorize the City Manager to execute a contract with Conatser Construction TX, LP, in the amount of $4,158,516.00 for water and sanitary sewer main replacements on East Rosedale Street (Mansfield Avenue to Riverside Drive), Contract 3, Unit II. Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22875 be approved and Appropriation Ordinance No. 18150-06-2008 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Silcox absent. C-22876 There was presented Mayor and Council Communication No. C-22876 from the Conatser City Manager recommending that the City Council authorize the City Manager Construction TX, to execute a contract with Conatser Construction, TX, LP, in the amount of LP $3,084,000.00 for water and sanitary sewer relocations for SH-121T, Part 3, on portions of SH183, Bryant Irvin Road and Overton Ridge Boulevard (City Project No. 00204). Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22876 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Silcox absent. C-22877 There was presented Mayor and Council Communication No. C-22877 from the Intercon City Manager recommending that the City Council authorize the City Manager Environmental, Inc. to execute a contract with Intercon Environmental, Inc., based upon Intercon's Texas Building Procurement Commission (TBPC) contract for asbestos abatement and demolition services of the identified structures located at 1406, 1408 and 1501 Northeast 28th Street in the amount of$70,731.11 for the Lebow Channel Watershed Improvements Project (DOE No. 4623). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 24 of 30 C-22877 Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, (Continued) that Mayor and Council Communication No. C-22877 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Silcox absent. C-22878 There was presented Mayor and Council Communication No. C-22878 from the Lord Cultural City Manager recommending that the City Council authorize the City Manager Resources to authorize the execution of a Professional Services Agreement in the amount of $158,850.00 with Lord Cultural Resources for Phase Two and Three to complete the Aviation Museum Strategic Plan. Council Member Scarth concurred with Mayor Pro tem Hicks's comments relative to the need to continually endeavor to meet M/WBE goals to help with capacity building. He added that dialog everyday with the various chambers of commerce in order to help with capacity building and the City needed to continually monitor contracts to ensure M/WBE goals were met. Council Member Jordan advised of the important work that would be accomplished during Phase Two and Three of the project and added that it was wonderful that the heritage of aviation was being recognized by the City. (Council Member Silcox returned to his place at the dais.) Council Member Jordan made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22878 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22879 There was presented Mayor and Council Communication No. C-22879 from the AVAYA, Inc. City Manager recommending that the City Council authorize the City Manager to execute an agreement with AVAYA, Inc., for Call Center technology including hardware, software, installation and licenses for the Water Department 24x7 Contact Center in an amount not to exceed $829,258.35; a three-year agreement with AVAYA, Inc., for Call Center technology for software support and upgrades for an annual cost of $60,967.00; and a four- year agreement with AVAYA, Inc., for Call Center technology proactive internet protocol monitoring for an annual cost of$109,161.84. Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-22879 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 25 of 30 C-22880 There was presented Mayor and Council Communication No. C-22880 from the Change Order No. 1 City Manager recommending that the City Council authorize the City Manager to CSC No. 36335 to execute Change Order No. 1 to City Secretary Contract No. 36335 with Dirtco d/b/a Styles Dirtco, d/b/a Styles Contracting in the amount of $87,000.00 for the Contracting rehabilitation of Centerboard Lane, thereby increasing the contract amount to $1,190,752.92. Council Member Burdette expressed appreciation to the City Manager and the Transportation and Public Works Department staff for their efforts in rehabilitating this road. He added that the City needed to do a better job at coordinating with the school districts in planning the location of the schools and getting the roadways rebuilt in conjunction with those schools. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22880 be approved with appreciation to City staff The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-08-071 It appeared that the City Council, at its meeting of June 3, 2008, continued the Approved hearing of the application of Everman Independent School District for a change in zoning of property located at 2500, 2504, 2520, 2524 and 2536 Sable Trail from "R2" Townhouse/Cluster Residential and "CR" Low Density Multifamily Residential to "FR" General Commercial Restricted, Zoning Docket No. ZC- 08-071. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mayor Pro tem Hicks expressed appreciation to the Everman Independent School District for meeting with her relative to this zoning case. She stated that this would be great for the area as there was major growth occurring in this area and she wanted to do everything possible to support the growth. There being no one present desiring to be heard in connection with the application of Everman Independent School District, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the hearing be closed and that Zoning Docket No. ZC-08-071 be approved with appreciation. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 26 of 30 Zoning Hearing It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on May 29, 2008. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. SP-08-007 There was presented Site Plan No. SP-08-007, application of Daybreak Approved Community Services, Inc., for a site plan of property located at 7401 West Cleburne Road for Daybreak Community Services Fort Worth Office. Council Member Jordan made a motion, seconded by Council Member Scarth, that Site Plan No. SP-08-007, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. ZC-08-098 There was presented Zoning Docket No. ZC-08-098, application of Amerisouth Approved XXXI Ltd., for a change in zoning of property located at 2658 Merrick Street, and 5225 Birchman Avenue from "E" Neighborhood Commercial to "MU-1" Low Intensity Mixed Use. Council Member Burdette made a motion, seconded by Council Member Burns, that Zoning Docket No. ZC-08-098, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. AGENDA ITEM XIVB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-08-068 It appeared that the City Council at its meeting of June 3, 2008, continued the Denied With hearing of the application of South Tarrant Limited Partnership for a change in Prejudice zoning of property located at 10900 South Freeway from "I" Light Industrial to "PD/I" Planned Development for all uses in "I" Light Industrial, plus hotel, and with site plan included, Zoning Docket No. ZC-08-068. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the owner and applicant, appeared before Council in support of the zoning change. He advised of a change to the City's zoning ordinance a few years ago that permitted hotels within 1,000 feet of a residential district. He pointed out that the requested zoning would be a permitted use and was consistent with the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 27 of 30 Jim Schell Comprehensive Plan and land use. He added that meetings were held with the (Continued) homeowners' association who voiced their concern with increased traffic and crime and a decrease in home values. He assured the association that the current traffic pattern would not be affected by the hotel and also advised them of the benefits of having a nice hotel at this location could bring to the community, e.g., meeting rooms and restaurants. He requested the Council approve the zoning change with or without the site plan. There being no one else desiring to be heard, Council Member Jordan made a motion, seconded by Council Member Silcox, that the public hearing be closed and Zoning Docket No. ZC-08-068, be denied with prejudice. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Jordan made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 18151-06-2008 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 28 of 30 Agenda Item XV City Secretary Hendrix advised that Mr. Joe Don Brandon, P.O. Box 1155, who Citizen desired to appear before Council relative to the Day Resource Center, had Presentations contacted the City Secretary's Office and stated he would not be present at Joe Don Brandon today's meeting. Jerry Horton Ms. Jerry J. Horton, 2608 Carter Avenue, appeared before Council and expressed concern with a proposed pipeline Chesapeake would install under Carter Street. She advised of the intimidating tactics the pipeline company was using to ensure citizens signed various documents to permit the pipeline being built and stated that the City needed to establish rules to protect the neighborhood. She informed the Council of the proposed placement route of the pipeline and stated that the pipeline company should always consider using the shortest route possible. She pointed out that the proposed pipeline would be drilled too shallow which would negatively impact oak trees and other plant life. Mayor Moncrief advised Ms. Horton that the City Manager was directed to schedule a work session in the near future that would provide detailed information on the placement of pipelines within the City. He added that he would be very interested in finding out if any strong arm tactics were being used and requested Ms. Horton meet with the City Attorney and provide the names of residents in the community who experienced inappropriate behavior by the pipeline company. Mayor Pro tem Hicks stated that she was trying to work with the Texas Department of Transportation to encourage them to not place the pipeline on Scott Avenue either and place it along the I30 corridor. She added that she also spoke with Ms. Susan Alanis, Planning and Development Department Director, relative to some things the City could change to keep the pipelines out of neighborhoods. Council Member Silcox reiterated his previous comments relative to the importance of educating the Council and citizens on placement of pipelines within the City. Council Member Burdette stated that he found it disturbing that representatives from Chesapeake had refused to explain to citizens the rationalization for the placement of the pipelines. He pointed out that if the City had any authority to regulate the placement of the pipelines, the City would have to take some effort to develop some standards and an ordinance that would exercise that control. He added that it was imperative that communication from gas companies be courteous and open and that citizens understood their rights. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 17, 2008 PAGE 29 of 30 Jerry Horton Mayor Moncrief advised Ms. Horton that the City intended to find out what (Continued) everyone's rights were and assured her that if anyone wanted to do business in the City, they had to be open, transparent, honest and provide comprehensive information to people affected by that business. Grayson Harper, Mr. Grayson Harper, 3605 Bellaire Drive South, and Mr. Doyle Fine, 612 Doyle Fine Upton Avenue, appeared before Council relative to supporting a resolution to impeach the President and Vice President of the United States. Diane Wood Ms. Diane Wood, 2308 Aster Avenue, appeared before Council in opposition to urban gas drilling in the City. Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:29 p.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Texas Bay Cherry Hill, L.P., v. City of Fort Worth, Texas, Woodhaven Community Development, Inc., and Becky L. Haskin, No. 153-214307-05 (02-06-00325-CV — Fort Worth Court of Appeals); b) Legal issues regarding salt water disposal wells; c) Legal issues concerning animal care and control; d) Legal issues concerning meet and confer; e) Legal issues concerning collective bargaining; f) Legal issues related to the Continuing Agreement with Cytec Industries, Inc.; g) Legal issues concerning any item listed on today's City Council meeting agendas; and CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JUNE 17,2008 PAGE 30 of 30 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:45 p.m. Agenda Item XVII There being no further business, the meeting was adjourned at 1:45 p.m. in Adjournment memory of Fire Recruit Curt Melton who was killed in a traffic accident on June 12, 2008. These minutes approved by the Fort Worth City Council on the 8t' day of July, 2008. Attest: Approved: � C Marty He rix Michael . oncrie City Secretary Mayor